HomeMy WebLinkAbout6.j. Approval of Subdivision Agreement Geronime Pond Addition � � CITY OF ROSEMOUNT I
EXECUTIVE SUMMARY FOR ACTION �
CITY COUNCIL MEETING DATE: July 15, 1997 �'
AGENDA ITEM: A r v I f '
, pp o a o Subdivision A reement AGENDA SECTION: ,
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Geronime Pond Addition Consent ''
PREPARED BY: Bud Osmundson AGENDA NO.
City Engineer/Public Works Director �t � '
ATTACHMENTS: Subdivision Agreement APPROVED BY: '
Attached is the Subdivision Agreement for the Geronime Pond Addition. The Developer,
Heritage Development, Inc. has signed and agreed to the conditions of this Agreement.
The City Attorney has reviewed and approved this Agreement.
Staff is requesting Council to make a motion approving the Subdivision Agreement and '
authorizing necessary signatures.
RECOMMENDED ACTION: MOTION TO APPROVE THE SUBDIVISION AGREEMENT FOR
THE GERONIME POND ADDITION AND AUTHORIZE THE NECESSARY SIGNATURES.
COUNCIL ACTION:
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SUBDIVISION AGREEMENT
Geronime Pond Addition
AGREEMENT dated � day of ; 1997, by and between the C�TY oF RosEnnourvT, e II
Minneso.ta municipai corporation, ("City"), a HERITAGE DEVELOPMENT, INC, a Minnesota
Corporation, (the "Developer"1. . �
1. ��est for Plat A�roval. The Developer has asked the City to approve the subdivision of
land and a plat of land to be known as Geronime Pond Addition, which land is legally
described on Attachment One, attached hereto and hereby made a part hereof (hereinafter
referred to as the "subjeci property").
2. �onditions af Plat Ap rR oval. The City has approved the subdivision and the plat on the ����
following conditions:
1. Conformance with the applicable specified conditions of Resolution 1997-10;
2. Execution of a subdivision agreement to secure public infrastructure and including
recommendations relative to grading, utilities, easements, ponding, streets and public
infrastructure requirements as recommended by the Public Works Department; and
3. Developer must make payment to the City at the time of final plat for the foilowing
items: •
a. Park dedication costs consisting of the payment of 531,928.00 in park dedication
fees and land dedication consisting of .7010 acres;
b. Geographic Information System (GIS) fees in the amount of 52650.00 (Based on
53 lots); I
c. Storm Sewer Trunk Area Charges as a prepayment of aIt Storm Sewer Trunk �
Assessments for improvements, either constructed or to be constructed, to sewer I
the subject property, in the amount of 536,600.00
d. Prepayment of all special assessments applicable to the subject property for the I
following projects: ',
i) Chippendale Avenue Street Improvements: One half the cost previously �,
discussed for the preliminary plat of Geronime Pond in the amount of I
835,300.00, which is for street, trail, and appurtenant improvements,
ii) 160th Street West improvements (City Project No. 284): One half the cost
previously discussed for the preliminary plat of Geronime Pond in the amount I
of $30,100.00, which is for street, traif and appurtenant improvements. '
e. Developer shall pay at the time of issuance of building permits for the subject ',
property the fees, charges and assessments in effect at the time of issuance. The I
fees, charges, and assessments presently in effect are as follows: ,
i) Metropofitan Council Environment Services Availabifity Charges in the ',
amount of 950.00 per SAC unit; '
ii) Storm Sewer Connection Charges in the amount of 5685.00 per lot. ',
iii) Sanitary Sewer Availability Charges in the amount of $1245.00 per SAC unit.
iv) Water Availability Charges in the amount of S 1245.00 per SAG unit. ',
3. phased Development. The City may refuse to approve final plats of subsequent additions of '
the plat if the Developer has breached this Contract and the breach has not been remedied.
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Development of subsequent phases may not proceed untii Subdivision Agreements for such
phases are approved by the City.
4. Effect of Subdivision AQproval. For two (2? years from the date of this Agreement, no
amendments to the City's CQmprehensive Plan, except an amendment placing the plat in the
current u�ban service area, or official controls shall apply to or affect the use, development
density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent permitted by
state law the City may require compliance with any amendments to the City's Comprehensive
Guide Plan, official controls, platting or dedication requirements enacted after the date of this
Agreement.
5. Qevelooment Plans. The subject property shall be developed in accordance with the
following plans, original copies of which are on file with the City Public Works Director. With
the exception of Plan A, the plans may be prepared, subject to City approval, after entering
this Agreement, but before commencement of any work on the subject property. If the plans
vary from the written terms of this Agreement, the written terms shall control. The plans
are:
Plan A -- Plat
Plan B -- Soil Erosion Control Plan and Schedule ,
Plan C -- Drainage and Storm Water Runoff Plan
Plan D -- Plans and Specifications for Public Improvements
Plan E -- Grading Plan and House Pad Elevations
Plan F -- Street Lights
6. Installation b�DeveloRer. The Developer shall install or cause to be installed and pay for the
following:
A. Street Lights
B. Setting of Lot and Block Monuments
C. Surveying and Staking of work required to be performed by the Developer.
D. Gas, Electric, Telephone, and Cable Lines
E. Site Grading
F. Landscaping
7. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by September 30, 1998. The Developer
may, however, request an extension of time from the City. If an extension is granted, it shall
be conditioned upon updating the security posted by the Developer to reflect cost increases
and the extended completion date.
8. Pub(ic Imnrovements. The following improvements, known as City Project #280 shall be
designed and installed in the subject property by the City:
A. Sanitary Sewer
B. Water
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C. Storm Sewer
D. Streets
E. Sidewalks
Developer hereby petitions the City for the construction of such public improvements
pursuant to and in accordance with the terms of the Petition and Waiver Agreement, attached
hereto as Exhibit Two, and hereby made a part hereof.
9. Assessment of Costs. The City shall assess the cost of the public improvements referred to
in Paragraph 8 together with administrative, planning, engineering, capitalized interest, legal
and bonding costs against the subject property. By executing this Agreement, the Developer
agrees to pay the assessments and other costs specified in this paragraph. The Developer
shall take such action as is necessary to remove any of the subject property from "green
acres" status or any other status which would prevent or delay the collection of special
assessments levied against the subject property for the public improvements prior to the
construction of public improvements.
10. Securitv. To guarantee compliance with the terms of this Agreement, payment of the costs
of all public improvements and construction of all public improvements, the Developer shall
furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for
532,230, which is one hundred and ten percent (110%) of the estimated cost of the
developer installed improvements. The amount of the security was calculated as follows:
COST� 110%
Gradin � NA -0-
Survey Monuments 55,300 55,830
Landscapin S 1 Z,000 513,200
Street Li hts S 1 Z,000 S 13,200 '
TOTAL 529,300 532,230
* A separate performance bond is expected from the Grading Contractor.
The bank and form of the letter of credit or other security shall be subject to the approval of
the City Administrator. The letter of credit shall be for a term ending September 1, 2000. In
ihe alternative, the letter of credit may be for a one (1) year term provided it is automatically
renewable for successive one year periods from the present or any future expiration dates
with a final expiration date of September 1, 2000, unless sixty (60) days prior to an
expiration date the bank notifies the City that it elects not to renew for an additional period.
The letter of credit shall secure compliance with the terms of this Agreement and all '
obligations of the Developer under it. The City may draw dow� on the letter of credit
without notice upon receiving notice that the letter of credit will be allowed to lapse before ,
September 1, 2000 or if the obligations of the Developer have not been completed as
required by this Agreement. In the event of a default under this Subdivision Agreement by
the Developer, the City shall fumish the Developer with written notice by certified mail of
Developers defa�ltls) under the terms of this Subdivision Agreement. If the Developer does
not remove said default(s) within two (2) weeks of receiving notice, the City may draw on
the letter of credit. With City approval the letter of credit may be reduced from time to time
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as financia! obligations are paid and developer instalied improvements completed to the City's '
requirements.
11. Grading PlanlSite Gradina. The Developer shall submit to the City a site grading and drainage
plan for the subject property acceptable to the City showing the grades and drainage for each ,
lot prior to installation of the-improvements. Site grading shall be completed by the ',
Developer at its cost and approved by the City Public Works Director prior to the awarding of ,
the contract by the City for installation of utilities. Developer shall furnish the City Public 'I
Works Director satisfact,ory proof of payment for the site grading work and shall submit a
certificate of survey of the development to the City after site grading, with street and lot
grades, prior to the awarding of the contract of installation of utilities. All improvements to
the lots and the final grading shafl comply with the grading plan as submitted and shall be the
responsibility of the Developer.
12. i n . The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the subject property to perform all work and inspections
deemed appropriate by the City during the installation of pubfic improvements by the City.
13. Erosion Control. Prior to site grading, and before any utiiity construction is commenced or
building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected
and approved by the City. All areas disturbed by the excavation and backfilling operations
shall be reseeded within 72 hours after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be rye,grass or other fast-growing
seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible.
All seeded areas shall be mulched and disc anchored as necessary for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely off City right-
of-way and shall be completely surrounded with an approved erosion control silt fence.
Approved erosion control fencing shall be installed around the perimeter of each lot or at City
approved locations at the time of building permit issuance and remain in place until the lot is
seeded or sodded. A 20 foot opening will be allowed on each loi for constr�ction deliveries.
The parties recognize that time is of the essence in controlling erosion. If development does
not comply with the erosion control plan and schedule or supplementary instructions received
from the City, the City may take such action as it deems appropriate to control erosion. This
right also applies to the required erosion control for basement and/or foundation excavation
spoil piles. The City will endeavor to notify the Developer in advance of any proposed action,
but failure of the City to do so will not affect the Developer's or City's rights or obligations
hereunder. If the Developer does not reimburse the City for any cost the City incurred for
such work within thirty (30) days, the City may draw down the letter of credit to pay any
costs. No development will be allowed and no building permits will be issued unless the
subject property is in fuil compliance with the erosion control requirements.
14. Plantinq and Seeding. Prior to the City allowing occupancy, the Developer shall plant one (1)
two-inch caliper deciduous tree on each street frontage of each lot and the Developer shall
also sod the boulevards, all at its own cost.
15. �lean uR. The Developer shall clean streets of dirt and debris that has resulted from
constr�ction work by the Developer, its agents or assigns. The City will inspect the site on a
weekly basis and determine whether it is necessary to take additional measures to clean dirt
and debris from the streets. After 24 hours verbal notice to the Developer, the City will
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compiete or contract to compiete the ciean-up at the Developer's expense in accordance with I�
tfie procedures specified in Paragraph 13. ,I
16. Ownershi� of Imnrovements. Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public rights- �
of-way and easements shali become City property without further notice or action. I
17. Warrantv. The Developer warrants all work required to be performed by it against poor �I
material and faulty workmanship for a period of two t2) years after its completion and �I
acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good '
quality and disease free for twelve (12) months after planting. '
18. ResRonsibili�for Costs. ',
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or ',
the City in conjunction with the development of the subject property including, but not '
limited to, Soil and Water Conservation District charges, legal, planning, engineering and '
inspection expenses incurred in connection with approval and acceptance of the
subdivision and the plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the subject property.
B. The Developer shall hold the City and its officers and emp�oyees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from '
plat or subdivision approval and development of the subject property. The Developer '
shal! indemnify the City and its officers and employees for all costs, damages or ',
expenses which the City may pay or incur in consequence of such claims, inciuding
attomey's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attomey's fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Agreement. This is a
personal obligation of the Developer, and shall continue in full force and effect even if
the Developer sells one or more lots, the entire subject property, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred '
under this Agreement within thirty (30) days after receipt. If the bills are not paid on
time, the City may halt development work and construction including, but not limited '
to, the issuance of building permits for lots which the Developer may or may not have '
sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue
interest at the rate of nine percent i9%) per year.
F. The Developer shall pay all energy costs for street lights installed within ihe subject
property until seventy-five percent (75%) of the lots are occupied. After that, the City
will assume the energy costs.
19. Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at
the time of, execution of the plat by the City unless otherwise noted, these tees are only
based on: '
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Lots 1-5, Block 1 Lots 1-28, Block 4
Lots 1-11, Block 2 Lots 1-7, Block 7
Lots 1-2, Block 3 O utlots; A, B
A. Park dedication fees in the amount of Thirty one thousand, nine hundred, twenty-eight
dollars (531,928). -
B. Geographic Information System (GIS) fees in the amount of Two thousand, six hundred,
fifty and 00/100 Dollars. tS2650.00).(Based on 53 lots)
C. Storm Sewer Trunk Area Charges as a prepayment of all Storm Sewer Trunk
Assessments for improvements, either constructed or to be constructed, for trunk
sewer serving the subject property, in the amount of Thirty-six thousand, six hundred
dollars (536,6001.
D. The amount of Sixty-five thousand four hundred dollars (565,400) as prepayment of all
special assessments applicable to the subject property for the following projects:
1. One halt of the cost for the Chippendale Avenue Street and Trail Improvements in
the amount of 535,300. An additional payment of 535,300 shall be required with
the final plat of Phase 2 of the original Geronime Pond Preliminary Plat.
2. One half of the cost for the 160th Street Wesi Street and trail improvements in
the amount of 530,100. An additionat payment of 530,100 shall be required with
the final plat of Phase 2 of the original Geronime Pond Preliminary Plat.
20. Developer agrees to pay at the time of issuance of building permits for the subject property
the fees, charges and assessments in effect at the time of issuance. The fees, charges, and
assessments in effect as of this agreement are:
R. Metropolitan Council Environmental Services Availability Charges in the amount of Nine
hundred, fifty and 00/100 Dollars (S 950.00) per SAC unit.
B. Storm Sewer Connection Charges in the amount of Six hundred, eighty-five and 00/100
dollars (S685.00) per lot.
C. Sanitary Sewer Availability Charges in the amouni of One thousand, two hundred,
forty-five and 00/100 dollars (S1245.00) per SAC unit.
D. Water Availability Charges in the amount of One thousand, two hundred, forty-five and
00J100 dollars (51245.00) per SAC unit.
21. Building Permits. No building permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C, All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
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, E. The City Public Works Director has certified that the timetable for constructian of public
improvements is compatible with private home construction and occupancy.
The Developer, in executing this Agreement, assumes all liability and costs for damage or '
delays, incurred by the City, in the construction of public improvements, caused by the
Developer, its employees, contractors, subcontractors, materialmen or agents. No occupancy
permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 '
are in and approved by the City, unless otherwise authorized in writing by the City Public
Works Director. _ � '
22. Develoner's Defauit. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the
Developer is first given notice of the work in default, not less than 48 hours in advance. This
Agreement is a license for the City to act, and it shall not be necessary for the City to seek a
court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, levy the cost in whole or in part as a special
assessment against the subject property.
23. Prior to execution by the City of the final plat, Developer shall provide to the City a Warranty
Deed conveying good and marketable title, free of all liens and encumbrances, for the
following described property: Outlot B, Geronime Pond Addition.
24. Upon filing of a plat for the subject property, the City will convey to the developer, by quit
claim deed, the following easements:
Ses Exhibit Three
25. Miscellaneous. .
A. The Developer represents to the City that the development of the subject property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal
laws and regulations including, but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines ihat the subdivision or
the plat or the deveiopment of the subject property do not comply, the City may, at its
option, refuse to allow construction or development work on the subject property until
the Developer does comply. Upon the City's demand, the Developer shall cease work
until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Agreement.
E. If buiiding permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
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City, Developer, its contractors, subcontractors, materiaimen, empioyees, agents or
third parties.
F. The action or inaction of the City shail not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
G. The Developer represents to the City to the best of its knowledge that the subdivision,
the plat and the development of the subject property are not of "metropolitan
significance" and that an environmental impact statement is not required. If the City or
another governmental agency determines that such a review is needed, however, the
Developer shall prepare it in compliance with fegal requirements so issued from the
agency. The Developer shall reimburse the City for all expenses, including staff time
and attorney's fees, that the City incurs in assisting in the preparation of the review.
H. This Agreement shall run with the �and and may be recorded against the titte to the
property. The Developer shall take such steps, including execution of amendments to
this Agreement, as are necessary to effect the recording hereof. After the Developer
has completed the work required of it under this Contract, at the Developer's request,
the City will execute and deliver to the Developer a release.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to the City, at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may
be exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
J. The Developer may not assign this Agreement without the written permission of the
City CounciL
26. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address: Heritage Development, 450 E. County Road D, St. Paul,
Minnesota, 55117. Notices to the City shall be in writing and shall be either hand delivered
to the City Administrator, or mailed to the City by registered mail in care of the City
Administrator at the following address
City Administrator, Rosemount City Hall, 2875 145th Street West, Rosemount, MN
55068.
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
CITY OF ROSEMOUNT
BY:
, Mayor
' BY:
, City Clerk
BY:
I
BY:
Its
STATE OF MINNESOTA )
� SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 1�, by , Mayor, and , City Clerk, of the
City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)SS
COUNTY OF DAKOTA )
Th foregoin ins r ment wa ackn wl dged be re me his � day of
, �2'�b ' �
y /1.24-�- P,� and
a�2�"�-_�_._�-as-.e�
"(� CD'�.d'�a��r1, on behalf of t e said C
/�eC�
Notary Public
Drafted By:
City of Rosemount
2875 145th St�eet West �C.fAEiiA6
Rosemouni, MN 55068 O��tcoTA�co��y
:�r C�n;sron E;�res tI31l2C00
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ATTACHMENT ONE
L�EGAL DESCRIPTION - GERONIME POND
The Southeast Quarter of the Southeast Quarter of Section 31, Township 115, Range 19,
Dakota County,Minnesota, except the South 175.00 feet of the East 325.00 feet thereof.
And that part of the Southwest Quarter of the Southeast Quarter of Section 31, Township
I15, Range 19, Dakota County, 11rlinnesota lying southerly of the plat of SHANNON
POND EAST ADDITION�nd northerly and easteriy of the following described line:
Beginning at the northeast comer of the south 16 rods of said Southwest Quarter of the
Southeast Quarter, thence North 89 degrees 58 minutes 12 seconds West, assumed
bearing along the north line of said south I6 rods, a distance of 16�.01 feet to the west
line of the east 10 rods of said Southwest Quarter of the Southeast Quarter; thence North
42 degrees 51 minutes 42 seconds West a distance of 175.90 feet; thence South 76
degrees OS minutes 02 seconds West a distance of 146.56 feet; thence North 04 desrees
03 minutes 1� seconds East a distance of 168.36 feet;thence North » deQrees 27 minutes
39 seconds West a distance of 116.�1 feet; thence North �2 degrees 39 minutes 51
seconds East a distance of 69.73 feet more or less to the southwest comer of Lot 1, Block
3 of SHAIvNON POND EAST:�DDITION and there terminatinQ.
.,
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EXHIBIT ZINO
Petition and Waiver Agreement
This Agreement made t�his L�day of �L{� _, 1997 by and between the City of
Rosemount, a Minnesota municipal corporation ("City"), Hampion Development Corporation, a
Minnesota Corporation, and aeritage Development, Inc., a Minnesota Corporation (hereinafter
collectively referred to as the "Owner").
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property(the "Subject Property")
located in the City the legal description of which is set forth on Attachment One hereto and hereby
made a part hereof; and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property as described in Exhibit B, The Feasibility Report entitled Geronime Pond Street
and Utility Construction and appurtenant work, City Project No. 280, attached hereto and hereby
made a part hereof (hereinafter referred to as the "improvement Project"); and
WHEREAS, the Owner wishes the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the s ecial assessments levied to finance the Im rovement Pro'ect, and to levy 100 percent of
P P J
the cost as described in Exhibit B of the Improvement Project, and the storm sewer area charges as
described in the Subdivision Agreement, Paragraph 19C and attached hereto, against the Subject
Property; and
WHEREAS, the City is willing to construct the Improvement Project in accordance with
the request of the Owner and with out such notices or hearings, provided the assurances and
covenants hereinafter stated are made by the Owner to ensure that the City will have valid and
collectable special assessments as they relate to the Subject Property to finance all of the costs of
the Improvement Project; and li
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WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit of, the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTSAND AGREEMENT
HEREINAFTER PROVIDED, IT1S HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the
Subject Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fes simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on the
attached Exhibit C.
3. The Owner �equests 100 percent of the cost of the Improvement Project be
assessed against the Subject Property. The Owner understands and agrees that the current
estimated cost of the Improvement Project is 5987,000, but that the cost of the improvement
Project will be determined in accordance with Minn. �., Chapter 429 and standard city practices
and that such cost may be as much as 5804,000. The Owner further understands and agrees that
the City does not waive any rights to levy special assessments against the Subject Property in an
amount in excess of $804,000 in the event actual project costs which may lawfully be assessed
pursuant to inn. �., Chapter 429, exceed said amount.
4. The Owner waives notice of hearing and hearing pursuant to Minn. �t. Section
429.031, on the Improa�ement Project and notice of hearing and hearing on the special assessments
levied to finance the Improvement Project Pursuant to inn. �. Section 429.061, and
specifically requests that the Improvement Project be constructed and special assessments levied
against the Subject Property therefor without hearings.
5. The Owner waives the right to appeal the levy of the special assessments in ,
accordance with this Agreement pursuant to Minn. S,�t. Section 429.081 or reapportionment I
thereof upon land division pursuant to Minn. Stat. Section 429.071, Subd. 3, or otherwise, and
further specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
a. Any requirements of Minn. �., Chapter 429 with which the City does not
comply are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from
construction of the Improvement Project will be at least equal to 5804,000, and
that such increase in fair market value is a special benefit to tfie Subject Property;
c. Assessment if 100 percent of the cost of the improvement Project against ihe
Subject Property is reasonable, fair and equitable and there are no other
properties against which such cost should be assessed; and
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d. The Owner furthe� specificaily waives notice and right to appeal reapportionment
of such special assessments upon land division pursuant to Minn. �,t3t., Section
429.071, Subd. 3.
6. The Owner understands and agrees that the City may provide for the payment of
such special assessments in instalknents bearing such interest as may be determined by the city<
council. However, the decision rega�ding the period of time over which the special assessments
may be paid and the interest rate to be applied is in the absolute and sole discretion of the city
council, subject only to limitations imposed by law.
7. Owner represents and warrants that the Subject Property is not so classified for
tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees
that it will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
8. The covenants, waivers and agreements contained in this Agreement shall bind
the successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a
form which is recordabfe among the land records of Dakota County, Minnesota; and they agree to
mak n h n his A reement which ma be necessar to effect the recordin and filin of
e a y c a ges to t g y Y 9 9
this Agreement against the title of Subject Property.
9. This Agreement shall terminate upon the final paymrent of al( special assessments
levied against the Subject Property regarding the Improvement Project, and the City shaH thereupon
execute and deliver such documents, in recordable form, as are necessary to extinguish its rights
hereunder.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
above.
Heritage Develoament. Inc. ',
CITY OF ROSEMOUNT I,
By '
By �t
Its
By
By Its
Its
Ham�ton Development Corr�oration
By
Its
By
tts
13 07/03l97
- 1
STATE OF MINNESOTA 1
) ss.
COUNTY OFDAKOTA )
The fore oing instrument was acknowledged before rne t is � day of ��/��"
199�, by�Q+������ �nd , th � _ nd
, respectively, of , , on behalf of the
����
MY4RIE C.FREiTAG `
tJo�y�kio-M�e�ob
DAKotACouNiY Notary Public
CcxnmmisonE;,�^�res it�ti2000
STATE OF MINNESOTA )
) ss.
COUNTY OFDAKOTA > '�
The foregoing instrument was acknowledged before me this day of . II
199 , by and , the and I
, respectively, of , a , on behalf of the �,,
Notary Public
l s 07/03/97
w
EXHIBIT THRFE
EASEMENT DESCRIP'�IONS FOR VACATIOI�i
PARCEL A: -
Lots l, 2, 3, and 4, Block �, CIERONIME POND, Dakota County, Miruiesota, according
to the recorded plat thereof.
EASEMENT 1: (Original Easement from Doc.No. 984997)
A permanent ease:nent for drainaQe and ponding purposes over, under and across that
part of the above described Parcel A described as follows:
Commencing at the southwesterly corner of Lot l, Block 10, Valley Oak Addition
Replat; thence South 89 deQrees �3 minutes 27 seconds East (assumed bearing) along the
South line of the Valley Oak Addition Replat a distance of 375 feet; thence South 0
degrees 30 minutes 53 seconds VGest a distance of 3l2 feet; thence North 89 degrees �3
minutes 27 seconds West a distance of 178 feet; thence North 49 degrees 08 minutes 27
seconds West a distance of 3?1 feet; thence North 0 dearees, 30 minutes, �3 seconds East
to the South line of Valley Oak Addition Replat; thence South 89 dearees �3 minutes 27
seconds East of the point of beainnin�. II
EASEMENT 2: (Original Easement from Doc.No. 1121289)
A permanent easement for drainage and utility purposes bver, under and across that part '
of the above described Parcel A, beinQ a 20 foot wide strip of land, being 10 feet wide on '
each side of the following described centerline:
Commencing at the Southeasterhr corner of Lot 1, Block 10, Valley Oak Addition Replat;
thence South 89 dearees �3 minutes 27 seconds East (assumed bearing) along the South
line of said Valley�0ak Addition Replat, 3�0.36 feet to the point of beginning o said
centerline: thence South 20 deQrees 13 minutes 12 seconds East, 191.89 feet; thence
South 00 degrees 17 minutes 21 seconds West, 284.36 feet; thence South 00 degrees 10
minutes �7 seconds West, 400.00 feet; thence South 52 degrees 21 minutes O1 seconds
West, 38�.64 feet;thence South 89 degrees 57 minutes 19 seconds West,400 feet; thence
North 68 degrees 58 minutes 23 seconds West, 1�9.59 feet; thence South 65 degrees 45
minutes 11 seconds West, 284.49 feet rnore of less to the easterly right-of-way line of
Shannon Parkway and said centerline there terminating the sidelines of said 20 foot wide
easement to be prolonged of shortened to begin on the south line of the Valley Oak
Addition Replat and end on the Easterly right-of-way line of SHANNON PARKWAY.
PARCEL B: (Original Easement from Doc. No. 978993)
I Lot 2, Block 3 and Outlot C, GERONIME POND, Dakota County, Minnesota, according
to the recorded plat thereof.
16 ovo3im
EASEMENT 3:
A permanent easement for public utility and drainage purposes over, under and across
that part of the above described Parcel B, described as the North 50 feet of the Sout�i
1000 feet of the West 32 feet of the East 6� feet of the Southeast Quarter of the Southeast
Quarter of Section 31,Township 11� North, Range 19 West.
17 m/03/s�